CLA-2-18:RR:NC:SP:232 G81439

Ms. Olga Novikova
Double Star Enterprises Co., Inc.
206 East 38th Street
New York, NY 10016

RE: The tariff classification of Confectionery from Belarus

Dear Ms. Novikova

In your letter dated September 5, 2000, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The merchandise in question is “Spartak” (Gold), a large box of assorted chocolates, 10 ¼ inches by 14 ½ inches, with a net weight of 380 grams. It will be imported for retail sale. All of the candy in this assortment is stated to consist of varying percentages of sugar, cocoa powder, peanuts, butter or cocoa butter, and traces of other ingredients and flavors

The applicable subheading for the “Spartak” candy assortment will be 1806.90.9011, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Other… Confectionery: Containing peanuts or peanut products. The rate of duty will be 6 percent ad valorem.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Implementation and Compliance Branch HFF 314, 200 C Street, SW Washington, D.C. 20204 (202) 205-5321

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at (212) 637-7059.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division